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586 F.3d 671 · Court of Appeals for the Ninth Circuit · Oct 22, 2009
A district court abuses its discretion if it bases its decision on an erroneous legal standard or clearly erroneous findings of fact. Sierra Forest Legacy v. Rey, 577 F.3d 1015, 1021 (9th Cir.2009) (citing Am. … Without the PRA, the public is effectively deprived of the opportunity independently to examine whether the State properly determined that a referendum qualified, or did not qualify, for the general election.
Cited 23 timesPublishedJose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney General
468 F.3d 1159 · Court of Appeals for the Ninth Circuit · Nov 15, 2006
Ashcroft, 390 F.3d 1091, 1095 (9th Cir.2004) (“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its burden of proving that … Moreover, we cannot apply the modified categorical approach because the record does not contain any “documentation or judicially noticeable facts that clearly establish that the conviction is a [crime of moral turpitude].
Cited 123 timesPublished624 F.3d 943 · Court of Appeals for the Ninth Circuit · Nov 2, 2010
AYERS 18127 established federal law. See Carey v. Musladin, 549 U.S. 70, 76 (2006) (divergence of courts reflects lack of guidance from the Supreme Court as to clearly established federal law). … a violation of clearly established law.
Cited 130 timesPublishedEnigma Software Group USA, LLC v. Malwarebytes, Inc.
69 F.4th 665 · Court of Appeals for the Ninth Circuit · Jun 2, 2023
“Passive websites . . . are limited to making information available to users” and do not establish personal jurisdiction. Id. … The website operated by Malwarebytes easily qualifies as interactive under Weiss.
Cited 11 timesPublishedCourt of Appeals for the Ninth Circuit · Nov 2, 2005
If the record of conviction does not establish that the offense is a qualifying offense, the government has failed to meet its NOTASH v. … Tokatly, 371 F.3d at 620-21; see also Ferreira, 390 F.3d at 1095 (“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its
Cited 0 timesPublishedUnited States v. Rutilio Garcia-Sanchez, A.K.A. Jose
189 F.3d 1143 · Court of Appeals for the Ninth Circuit · Sep 3, 1999
Because the Sentencing Guidelines’ approach to conspiracy liability is clear and well established, the error was plain. … On this record, the district court did not clearly err in concluding Garcia-Sanchez was not a minor or minimal participant.
Cited 40 timesPublished519 F.3d 952 · Court of Appeals for the Ninth Circuit · Mar 20, 2008
Nor did the ruling in Jones so change the law that it clearly placed Harrison’s conduct outside the sweep of § 844(i). … Accordingly, we conclude that Harrison cannot establish that he “has not had an unobstructed procedural shot” at presenting his claim, Stephens, 464 F.3d at 898 (internal quotation marks omitted), and thus cannot qualify
Cited 460 timesPublishedDaniel Warmenhoven v. Netapp, Inc.
13 F.4th 717 · Court of Appeals for the Ninth Circuit · Sep 13, 2021
We held that because the trust agreement met only three of the four § 1102(b) criteria, it could not qualify on its own as the plan’s written instrument. Id. … Our circuit law does not immunize NetApp from liability for its false promises simply because it harbored no ill will or intent to deceive.
Cited 15 timesPublishedUnited States v. Garrison M. Everett and Richard I. Chira
692 F.2d 596 · Court of Appeals for the Ninth Circuit · Mar 28, 1983
Clearly, this court has rejected Berrigan. See Bagnariol and Sanford, supra. … Nachtwey was a target of investigation in the case and was sufficiently connected to the conspiracy to qualify as an unindicted coconspirator for the purpose of Rule 801(d)(2)(E).
Cited 38 timesPublished251 F. App'x 444 · Court of Appeals for the Ninth Circuit · Oct 18, 2007
Sowder’s estate (“the estate”) qualifies for the marital deduction under Section 2056(a) of the Internal Revenue Code (26 U.S.C.). … following the trial establishing testator’s intent.
Cited 0 timesPublishedJeannette M. GATES, Appellee, v. GEORGIA-PACIFIC CORPORATION, a Corporation, Appellant
492 F.2d 292 · Court of Appeals for the Ninth Circuit · Feb 22, 1974
Gates took 23 hours of accounting in her undergraduate program, and she became qualified to teach accounting as a result of her graduate work. … And in McDonnell Douglas the Court set forth four criteria which may be used to establish a prima facie case of racial discrimination: *296 411 U.S. at 802 , 93 S.Ct. at 1824.
Cited 92 timesPublished789 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jun 18, 2015
Defendants are immune from Walker’s official capacity damages claims under the Eleventh Amendment. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 64–65 (1989); Holley v. Cal. … Walker’s personal capacity claims fail because Defendants plainly did not violate clearly established rights of which a reasonable person would (or should) have known, thus entitling Defendants to qualified immunity.
Cited 173 timesPublishedUNITED STATES of America, Plaintiff-Appellee, v. Michael MEDJUCK, Defendant-Appellant
156 F.3d 916 · Court of Appeals for the Ninth Circuit · Sep 3, 1998
This definition clearly encompasses conspiracies that plan the shipment of drugs that are destined for the United States. … Without establishing a specific test for what the government must do to qualify for an exception to the Confrontation Clause, the court held “that the state must do something in its attempt to secure the defendant’s presence
Cited 21 timesPublished471 F.2d 1157 · Court of Appeals for the Ninth Circuit · Jan 5, 1973
See Footnote 1. 34 It is true that high salary alone does not qualify one for the executive classification. … For example, in some departments, or subdivisions of an establishment, an employee has broad responsibilities similar to those of the owner or manager of the establishment, but generally spends more than 50 percent of his
Cited 14 timesPublished545 F.2d 1157 · Court of Appeals for the Ninth Circuit · Oct 26, 1976
THE WATER DISTRICT'S APPEAL 5 (a) Municipal Immunity 6 The Water District contends that municipal immunity, established for actions brought under 42 U.S.C. § 1983 by Monroe v. … Clearly this passage speaks to several issues. It is consistent, however, with the intention not to create municipal liability. 2 See Runyon v.
Cited 0 timesPublishedTahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
938 F.2d 153 · Court of Appeals for the Ninth Circuit · Jul 8, 1991
TRPA's Immunity 5 The Nevada district court dismissed the claims for damages against TRPA, holding that TRPA is immune from a suit for damages under Jacobson v. … Thus, TRPA is not immune from suit. 6 B.
Cited 1 timesPublished501 F.2d 418 · Court of Appeals for the Ninth Circuit · Jul 19, 1974
On June 17, the witness was granted immunity under 18 U.S.C. §§ 6001 , 6002 and 6003, and directed to reappear before the jury on June 19 at 10:00 a. m. … An examination of the relative posture of the parties before the trial court would clearly justify the resort to the subpoenas here.
Cited 12 timesPublishedThe Fort Mojave Tribe v. County Of San Bernardino
543 F.2d 1253 · Court of Appeals for the Ninth Circuit · Sep 28, 1976
interest tax on the leasehold interest will have an economic effect on the Indian lessors, and perhaps, although not certainly, will reduce the amount of rent they will be able to collect the legal incidence of the tax clearly … Texas Co., 336 U.S. 342 (1949) a clear ruling that there was no tax immunity for non-Indian lessees prior to the passage of PL-280.
Cited 3 timesPublishedGalina Ivanovna Smolniakova v. Alberto R. Gonzales, Attorney General
422 F.3d 1037 · Court of Appeals for the Ninth Circuit · Sep 7, 2005
The BIA is instructed to grant Smolniako-va a new hearing in which she has a full and fair opportunity to establish her credibility in the qualifying marriage context. … To establish eligibility for asylum, Smol-niakova must qualify as a refugee. INA § 208(b), 8 U.S.C. § 1158 (b). A refugee is one “who is unable or unwilling to return to ...
Cited 155 timesPublishedFloyd v. Santa Clara Department of Correction
Court of Appeals for the Ninth Circuit · Oct 28, 2025
We review a district court’s grant of summary judgment and its qualified immunity determinations de novo. Hughes v. Rodriguez, 31 F.4th 1211, 1218 (9th Cir. 2022) (citation omitted). We affirm. 1. … Floyd has failed to show that he “suffered a deprivation of a constitutional or statutory right” and therefore cannot overcome the officers’ defense of qualified immunity. Hamby v.
Cited 0 timesUnpublished
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